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GARAY v. MISSOURI PACIFIC R. CO.

No. 96-1127-WEB.

65 F.Supp.2d 1202 (1999)

Genaro GARAY and Eva Garay, parents and heirs of Nicholas Garay, deceased, and Ann Case, personal representative and administrator of the estate of Nicholas Garay, Plaintiffs, v. MISSOURI PACIFIC RAILROAD COMPANY, a corporation, Union Pacific Railroad Company, a corporation, and Trinity Industries, Inc.; individually and as successor to Pullman-Standard, Inc., and FMC Corporation, Defendants.

United States District Court, D. Kansas.

August 26, 1999.

Attorney(s) appearing for the Case

Pedro L. Irigonegaray, Irigonegaray & Associates, Topeka, KS, Robert L. Pottroff, Myers, Pottroff & Ball, Manhattan, KS, Bradley W. Maudlin, Loyd & Maudlin Law Offices, LLC, Garden City, KS, for Plaintiffs.

James M. Yeretsky, Gregory F. Maher, Michael J. Smith, Yeretsky & Maher, L.L.C., Kansas City, MO, Kenneth L. Weltz, Lathrop & Gage L.C., Overland Park, KS, Brad W. Schacht, Hugh Q. Gottschalk, Todd A. Fredrickson, Otten, Johnson, Robinson, Neff & Ragonetti, P.C., Denver, CO, for Defendants.

Memorandum and Order

WESLEY E. BROWN, Senior District Judge.

This matter is before the court on the renewed Motion for Judgment as a Matter of Law of defendant Union Pacific Railroad Company1 (Doc. 182), and on plaintiff's Motion to Alter or Amend the Judgment (Doc. 184). The court has reviewed the materials submitted and is familiar with the issues presented. Oral argument would not assist in deciding the motions.

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